Fair Debt Collection–To Know How The Law Protects You
If you have debts of any kind, you are a debtor. Doesn’t sound so great, does it? But here’s something you should keep in mind. As a debtor, you have certain rights guaranteed by law. The Fair Debt Collection Practices Act was created to protect people just like you. Personal, household and family debts are all covered by the provisions of the Act. It regulates the relationship you and debt collectors.
Maybe you are having trouble making payments. Maybe there is some kind of mistake. It doesn’t matter why debt collectors are calling. Collectors are required by law to treat you with fairness. Certain collection methods are absolutely not allowed. Do not be fooled though–you still owe the money for a legitimate debt. The law doesn’t erase your obligations. But you are provided with certain rights as you deal with collection agencies.
Collectors are required to send you written notice within five days of first contact. Certain information must be included in this notice, such as the creditor’s name, the amount you owe, and how you should proceed if you dispute the validity of the debt.
If you send a letter to the collection agency within 30 days stating that you do not owe the money, the collector is barred from contacting you. However, do not consider the matter over if you really owe the money. If the collection agency can provide you with proof of the debt, they are allowed renew their collection efforts.
Payments that you send must be applied to the debt that you specify. This is especially important if you have multiple debts, including one or more that you dispute. This provision of the Act prohibits collectors from applying payments to debts you don’t think that you owe.
It is actually possible to stop all collection activities by writing a “cease and desist” letter. Collectors are prohibited from contacting you after receiving your letter telling them to stop. The only thing they can do is confirm there will be no additional contact. They can also notify you of specific actions. As attractive as this sounds, you really don’t want to do this. It will not erase your debt if you really owe one. And it is more likely to accelerate negative action (like a lawsuit) by the creditor.
Debt collection activities should remain between you and the collector. They must contact your attorney if you have one. The only reason that debt collection agencies are allowed to contact others is to find out your current residence, phone number or place of employment. And they cannot contact these third parties more than one time. Finally, they are prohibited from telling anyone (other than you and your attorney) that you are in default on your debt.
The Fair Debt Collection Practices Act was a great improvement in the collection process for consumers. In general, reputable collection agencies will abide by the rules. But you may experience treatment in violation of the law. If so, try to record the telephone conversations and keep records of the infractions. This will strengthen your case if you decide to take the matter further.